Defense of Serious Traffic Cases in Virginia

Defense of Serious Traffic Cases in Virginia
Publication Date: 2016
Electronic Forms: 19
Available Formats: Print (494 pages, softcover, 1 volume)
  Electronic (searchable PDF via flash drive, CD, or immediate download)
  Both Print and Electronic formats
Product #: 902

Information

Content Highlights:
  • Substantive Law
  • Procedure
  • Stops, Arrests, and Searches
  • Beginning The Representation
  • Trial Preparation: Strategy and Tactics
  • Technical Defenses in Speed-Related Cases
  • Technical Defenses in Intoxication Cases
  • Sentencing and Administrative Sanctions

The defense of serious traffic offenses is an extremely complex area of law in Virginia where constitutional protections for an individual conflict almost inevitably with the right of the general public to be protected from unsafe drivers. Because of the reliance on scientific evidence to prove different aspects of these cases, attorneys working in this area must be well-versed not just in the law but in the specialized body of knowledge that supports these methods of proof.

Whether the case depends on field sobriety testing or chemical analysis of the arrested driver’s breath or blood sample, or when speed-measuring devices are used, this book is a resource for both the new and the seasoned practitioner in preparing these cases for trial.

There are many issues that can arise in the trial of a serious traffic offense. These are just a few examples of topics that have been updated in the 2016 edition:

  • The termination of a period of license suspension
  • What it means to be “involved” in an accident, in support of a hit-and-run charge
  • The U.S. Supreme Court’s recent decision in Birchfield v. North Dakota and what it means for implied consent
  • Selecting the proper venue when all that is known is that an offense was committed somewhere within the Commonwealth

You may also be interested in:


Virginia Criminal Practice Forms

Defending Criminal Cases in Virginia

Trial of Capital Murder Cases in Virginia

A Guide to the Rules of Evidence in Virginia

Objections: Interrogatories, Depositions, and Trial
 

 

Table of Contents

CHAPTER LIST

1. Substantive Law

2. Procedure

3. Stops, Arrests, And Searches

4. Beginning The Representation

5. Trial Preparation: Strategy And Tactics

6. Technical Defenses In Speed-Related Cases

7. Technical Defenses In Intoxication Cases

8. Sentencing And Administrative Sanctions


CHAPTER 1: SUBSTANTIVE LAW

1.1 OVERVIEW
    1.101 Types of Offenses
    1.102 Uniform Demerit Point System
    1.103 Jurisdiction
    1.104 Collateral Consequences

1.2 SERIOUS TRAFFIC OFFENSES NOT BASED ON
INTOXICATION
    1.201 Reckless Driving
    1.202 Aggressive Driving
    1.203 Attempt to Elude an Officer
    1.204 Hit-and-Run
    1.205 Unlicensed Driving
    1.206 Driving a Commercial Vehicle While Disqualified

1.3 INTOXICATION-RELATED OFFENSES
    1.301 Driving While Intoxicated
    1.302 Underage Driving After Illegal Alcohol Consumption
    1.303 Commercial Licensees Operating Under the Influence
    1.304 DUI-Related Manslaughter
    1.305 DUI-Related Serious Bodily Injury

CHAPTER 2: PROCEDURE

2.1 OVERVIEW
    2.101 Sources of Law
    2.102 Review of Arrest for Compliance with Statutes

2.2 PROCEDURE AT THE SCENE
    2.201 Officer in Uniform
    2.202 Radar and Other Technology
    2.203 Preliminary Breath Test
    
2.3 PROCEDURE AFTER ARREST
    2.301 Misdemeanor Arrest Statute
    2.302 Venue
    2.303 Implied Consent
    2.304 Testing for Drugs and Alcohol
    2.305 Pretrial Suspension of License
    2.306 Disposition of Arrested Driver’s Vehicle
    2.307 Bail

2.4 PRETRIAL MOTIONS
    2.401 Motion for Bill of Particulars
    2.402 Motion for Discovery
    2.403 Motion to Suppress
    2.404 Request for Certificate of Analysis
    2.405 Motion Challenging Constitutionality of Statute
    2.406 Speedy Trial and Double Jeopardy

2.5 PROCEDURES AT TRIAL
    2.501 Misdemeanors
    2.502 Felonies
    2.503 Exclusion of Witnesses
    2.504 Motions in Limine

2.6 EVIDENCE
    2.601 Generally
    2.602 DUI and License Suspension Cases
    2.603 Calibrations of Speed-Measuring Equipment
    2.604 Preliminary Breath Test
    2.605 Admissibility of Certificates of Analysis
    2.606 Admissibility of Evidence at Sentencing

2.7 STATUTORY PRESUMPTION OF INTOXICATION
    2.701 Definition
    2.702 Commercial Licensees

2.8 STATUTORY DEFENSES
    2.801 Officer Not in Uniform
    2.802 Reasonable Refusal
    2.803 Speedy Trial
    2.804 Crash Reports Not Admissible
    
2.9 POST-TRIAL CONSIDERATIONS
    2.901 Effect of Conviction on Other Charges
    2.902 Effect of Dismissal
    2.903 Forfeiture of Vehicle
    2.904 Reopening the Case After Conviction

2.10 APPEALS OF MISDEMEANOR CONVICTIONS

APPENDIX 2-1: DECLARATION AND ACKNOWLEDGMENT OF
REFUSAL—BREATH/BLOOD TEST

APPENDIX 2-2: NOTICE OF ADMINISTRATIVE SUSPENSION OF
DRIVER’S LICENSE/DRIVING PRIVILEGE

APPENDIX 2-3: MOTION FOR REVIEW OF ADMINISTRATIVE
SUSPENSION OF DRIVER’S LICENSE/DRIVING
PRIVILEGE

APPENDIX 2-4: REQUEST FOR COPY OF CERTIFICATE OF
ANALYSIS

APPENDIX 2-5: OBJECTION TO ADMISSION OF CERTIFICATE
OF ANALYSIS/VIDEO TESTIMONY

CHAPTER 3: STOPS, ARRESTS, AND SEARCHES

3.1 INTRODUCTION

3.2 STOPS
    3.201 Detention of a Citizen by a Police Officer
    3.202 Not All Encounters Are Stops
    3.203 Stop Includes a Show of Police Authority
    3.204 Articulable Suspicion to Stop
    3.205 Random Stops Unconstitutional
    3.206 Scope of Traffic Stop
    3.207 Examples of Unlawful Stops
    3.208 Examples of Lawful Stops
    3.209 Sources of Articulable Suspicion to Stop
    3.210 Stops Pursuant to Community Caretaker Role
    3.211 Roadblocks
    3.212 Avoiding a Roadblock
    3.213 Pretextual Stops
    3.214 Scope of Stop
    3.215 “Fruits” of Unlawful Stop

3.3 ARRESTS
    3.301 Definition
    3.302 Probable Cause for Arrest
    3.303 Probable Cause in DUI Cases
    3.304 Arrest Valid Under Virginia Law
    3.305 Where the Arrest Occurs
    3.306 Remedy if Arrest Is Illegal or Unconstitutional
    3.307 Admissibility of Tests
    3.308 Refusal to Take a Blood or Breath Test

3.4 MIRANDA ISSUES
    3.401 Prearrest “Custody”
    3.402 Facts and Circumstances
    3.403 Investigative Detentions
    3.404 Postarrest

3.5 SEARCHES
    3.501 Introduction
    3.502 Blood Alcohol Searches
    3.503 Searches Incident to Traffic Arrests

APPENDIX 3-1: MEMORANDUM IN SUPPORT OF SUPPRESSION
OF EVIDENCE

APPENDIX 3-2: RESPONSE TO MEMORANDUM IN SUPPORT OF
SUPPRESSION OF EVIDENCE

APPENDIX 3-3: MOTION TO SUPPRESS EVIDENCE FOR
ILLEGAL STOP

CHAPTER 4: BEGINNING THE REPRESENTATION

4.1 OVERVIEW OF TRAFFIC REPRESENTATIONS
    4.101 In General
    4.102 Review of Statutes and Case Law

4.2 INITIAL CLIENT CONTACTS
    4.201 First Contact
    4.202 Before the Meeting.
    4.203 First Meeting Agenda
    4.204 Should the Client Testify?
    4.205 Recommendations for Client Action
    4.206 Issues When the Client Is Incarcerated

4.3 REVIEW OF THE COMMONWEALTH’S EVIDENCE
    4.301 Police Reports
    4.302 Scene of the Incident

4.4 LAY WITNESSES
    4.401 Pretrial Interviews Generally
    4.402 Interviewing the Client
    4.403 Interviewing Other Lay Witnesses

4.5 POLICE WITNESSES
    4.501 In General
    4.502 Interview of Arresting Officer

4.6 CONTACT WITH THE COMMONWEALTH’S ATTORNEY
    4.601 Overview
    4.602 Subsequent Meeting with Client
    4.603 Negotiated Outcomes

APPENDIX 4-1: MOTION FOR CONTINUANCE

APPENDIX 4-2: ORDER FOR CONTINUANCE

APPENDIX 4-3: CLIENT INTAKE AND INTERVIEW FORMS

APPENDIX 4-4: MOTION FOR TRANSMISSION OF BLOOD
SAMPLE

APPENDIX 4-5: SAMPLE LETTER TRANSMITTING FEE
AGREEMENT

APPENDIX 4-6: SAMPLE FEE AGREEMENT FORM

CHAPTER 5: TRIAL PREPARATION: STRATEGY AND TACTICS

5.1 PREPARATION AFTER THE FACTUAL INQUIRY
    5.101 In General
    5.102 Information from the Client

5.2 PRETRIAL HEARINGS
    5.201 In General
    5.202 Bond Hearings
    5.203 Pretrial Suspension Hearing
    5.204 Pretrial Hearing on Impoundment of Vehicle
    5.205 Suppression Hearings

5.3 THE DISCOVERY PROCESS
    5.301 In General
    5.302 Factors Against Filing Discovery
    5.303 Discovery in General District Court
    5.304 Discovery in Circuit Court

5.4 OBTAINING AND REVIEWING DOCUMENTS
    5.401 In General
    5.402 Virginia Uniform Summons or Warrant
    5.403 Certificate of Blood Alcohol Analysis
    5.404 Witness Requests and Returns of Service
    5.405 Criminal Complaint
    5.406 Documentation of Prior Convictions
    5.407 Certificate of Refusal
    5.408 Warrant or Summons
    5.409 Certificates of Calibration

5.5 TRIAL STRATEGY AND TACTICS
    5.501 Case Evaluation
    5.502 Admissibility of Evidence or Statements
    5.503 Scientific Evidence
    5.504 Focus on the Issues
    5.505 The Judge
    5.506 Should the Client Testify?
    5.507 Expert Witness

5.6 JURY TRIAL OR BENCH TRIAL
    5.601 In General
    5.602 Factors to Consider
    5.603 Constitutionality of the DUI Statute

5.7 EVIDENCE
    5.701 Admissibility
    5.702 Stipulations

5.8 CROSS-EXAMINATION
    5.801 In General
    5.802 Purpose
    5.803 Opportunities at Trial
    5.804 Resources

5.9 DEFENSES USING THE STATUTORY FRAMEWORK
    5.901 In General
    5.902 Driving While Intoxicated Defense
    5.903 Inference of Intoxication
    5.904 Driving or Operating a Vehicle
    5.905 Driving After Illegal Consumption
    5.906 Commercial Operator DWI
    5.907 Refusal
    5.908 Local Ordinances
    
5.10 DECISION TO APPEAL

5.11 POST-TRIAL
    5.1101 The Confirming Letter
    5.1102 Closing the File

APPENDIX 5-1: CHECKLIST FOR BAIL DETERMINATIONS

APPENDIX 5-2: IMPOUNDMENT NOTICE

APPENDIX 5-3: MOTION TO SUPPRESS

APPENDIX 5-4: MEMORANDUM IN SUPPORT OF MOTION TO
SUPPRESS

APPENDIX 5-5: NOTICE AND MOTION FOR DISCOVERY

APPENDIX 5-6: ORDER FOR DISCOVERY

APPENDIX 5-7: DEFENDANT’S MOTION TO COMPEL
DISCOVERY

APPENDIX 5-8: MOTION FOR BILL OF PARTICULARS
(GENERAL DISTRICT COURT)

APPENDIX 5-9: MOTION FOR BILL OF PARTICULARS (CIRCUIT
COURT)

APPENDIX 5-10: OBJECTION TO INTRODUCTION OF
CERTIFICATE OF ANALYSIS

APPENDIX 5-11: SAMPLE CLOSING LETTER (LONG FORM)

APPENDIX 5-12: SAMPLE CLOSING LETTER (SHORT FORM)

CHAPTER 6: TECHNICAL DEFENSES IN SPEED-RELATED
CASES


6.1 OVERVIEW
    6.101 Radar Technology
    6.102 Additional Resources
    
6.2 MICROWAVE RADAR TECHNOLOGY
    6.201 How It Works
    6.202 Flaws in the Technology
    6.203 Interference
    6.204 Short Transmit Time (Pulsed)
    6.205 Operator Error

6.3 LASER RADAR TECHNOLOGY
    6.301 How It Works
    6.302 Flaws in the Technology
    6.303 Operator Error

6.4 OTHER SPEED MEASURING SYSTEMS
    6.401 In General
    6.402 Pacing (Patrol Vehicle Speedometer)
    6.403 Manual Timing Systems

6.5 USE OF EXPERTS

CHAPTER 7: TECHNICAL DEFENSES IN INTOXICATION CASES

7.1 BREATH AND BLOOD ANALYSIS
    7.101 In General
    7.102 Background

7.2 FIELD SOBRIETY TESTING
    7.201 Background
    7.202 Early Research in the Laboratory Setting
    7.203 Tests by Law Enforcement in the Field
    7.204 Development of the Modern Standards

7.3 DEVELOPING A DEFENSE
    7.301 Nature of Officer Training
    7.302 Most Common Field Sobriety Tests
    7.303 Questioning the Tests
    7.304 Blanket Evidentiary Objection
    7.305 Totality of Circumstance
    7.306 One-Leg Stand Test
    7.307 Walk and Turn Test
    7.308 Horizontal Gaze Nystagmus Test
    7.309 Unsanctioned Field Tests
    7.310 Refusal of Field Sobriety Tests

7.4 THE PRELIMINARY BREATH TEST
    7.401 Use Governed by Statutory and Administrative Law
    7.402 Admission at Pretrial Hearings

7.5 THE INTOX EC/IR II
    7.501 Statutory Regulation of the Breath Test
    7.502 Scientific Principles
    7.503 Operating Procedures
    7.504 Flaws in the Analysis
    7.505 Mouth Alcohol Interference
    7.506 Simulation Test Issues
    7.507 Compliance Issues

7.6 BLOOD TESTS
    7.601 When Blood Tests Are Used
    7.602 Statutory Compliance Issues
    7.603 Hospital Blood Tests
    7.604 Practice Concerns
    7.605 Refusal of Tests

APPENDIX 7-1: BLOOD AND BREATH ALCOHOL AND THE LAW

APPENDIX 7-2: UNDERSTANDING STANDARDIZED FIELD
SOBRIETY TESTING

APPENDIX 7-3: SAMPLE LETTER TO DEPARTMENT OF
FORENSIC SCIENCE

CHAPTER 8: SENTENCING AND ADMINISTRATIVE
SANCTIONS


8.1 PREPARATION OF THE CLIENT
    8.101 In General
    8.102 Client’s Goals
    8.103 Factual Problems
    8.104 Pretrial Alcohol Evaluation
    8.105 Other Pretrial Preparations
    8.106 Client “Homework”
    8.107 Possibility of Jail Time

8.2 NEGOTIATION PROCESS
    8.201 In General
    8.202 Immigration Issues
    8.203 Reasons for Prosecutor to Deviate
    8.204 Prior Offense Documentation
    8.205 Focus on Client

8.3 PUNISHMENTS
    8.301 Driving While Intoxicated
    8.302 Refusal to Submit to Tests
    8.303 Leaving the Scene of an Accident
    8.304 Eluding Law Enforcement Officers
    8.305 Driving After Being Adjudicated a Habitual Offender
    8.306 Driving with a Suspended or Revoked License
    8.307 Driving When License Restoration Is Contingent on
    Proof of Financial Responsibility
    8.308 Driving After Forfeiture of License
    8.309 License Revocation for Multiple Convictions Under
    Section 46.2-391(D)
    8.310 Aggressive Driving
    8.311 Reckless Driving

8.4 ALTERNATIVE SENTENCING OPTIONS FOR FELONY
CONVICTIONS
    8.401 Probation Under Supervision in Community
    8.402 Intensive Probation Supervision
    8.403 Home/Electronic Monitoring
    8.404 Day Reporting Centers
    8.405 Boot Camp Incarceration Program
    8.406 Diversion Center Incarceration Program
    8.407 Detention Center Incarceration Program
    8.408 Serving Jail Time on Weekends

8.5 ADMINISTRATIVE SANCTIONS
    8.501 Overview
    8.502 When the Revocation Period Begins

8.6 RAPID POINT ACCUMULATORS
    8.601 The Uniform Demerit Point System
    8.602 Driver Improvement Clinics
    8.603 Adult Drivers
    8.604 Juvenile Drivers
    8.605 DMV Intervention
    8.606 Suspension for Excessive Point Accumulation

8.7 ADMINISTRATIVE LOSS OF LICENSE
    8.701 Administrative Pretrial Suspension for DUI and
    Refusal
    8.702 Required Revocations
    8.703 Suspension for Failure to Pay Costs and Fines
    8.704 Failure to Pay Motor Vehicle-Related Judgment
    8.705 Administrative Suspension for Serious Offenses
    8.706 Restoration of Habitual Offender’s License
    8.707 Reinstatement Procedures

8.8 ADMINISTRATIVE IMPOUNDMENT OR IMMOBILIZATION
OF A VEHICLE
    8.801 Impoundment upon Arrest for Driving After
    Suspension or Revocation
    8.802 Impoundment After Conviction

8.9 DISQUALIFICATION OF COMMERCIAL LICENSEES
    8.901 In General
    8.902 Disqualification for Multiple Offenses
    8.903 Disqualification for Felony Drug Convictions
    8.904 Requirements upon Disqualification
    8.905 Reinstatement of Commercial License

8.10 ADMINISTRATIVE APPEALS
    8.1001 Appeals of Nonmandatory Actions
    8.1002 No Appeals from Mandatory Actions in Most Cases

APPENDIX 8-1: PENALTIES FOR DUI OFFENSES

APPENDIX 8-2: PETITION FOR RESTORATION OF DRIVING
PRIVILEGE—THIRD OFFENSE

APPENDIX 8-3: PETITION FOR RESTORATION OF DRIVING
PRIVILEGE—HABITUAL OFFENDER

TABLE OF AUTHORITIES

INDEX


Authors

Editor

Hon. Robert H. Downer, Jr., General District Court Chief Judge Sixteenth Judicial District / Charlottesville (Expand/Collapse Bio)

Judge Robert H. Downer, Jr., co-editor of this book, has been a general district court judge for the Sixteenth Judicial District since June 1, 2001 and has served as chief judge of the district since July 1, 2005. Judge Downer presides in the City of Charlottesville four days each week and in Albemarle County at least once a week. Before being elected as judge by the General Assembly, Judge Downer was engaged in the general practice of law with the law firm of Boyle and Bain, later known as Boyle, Bain and Downer, for 25 years. Judge Downer is a graduate of the University of Virginia, earning his B.A. in 1970 and his J.D. in 1976. He is a member of the Virginia State Bar, The Virginia Bar Association, and the Virginia Association of District Court Judges. Judge Downer is a member and past president of the Charlottesville-Albemarle Bar Association and is also a member and past president of the Thomas Jefferson Inn of Court. He serves on the board of the James River Virginia Alcohol Safety Action Program. He has previously served on the Judicial Conduct Committee, the Law Revision Committee, and the Education Committee of the Judicial Conference of Virginia for District Courts. He also serves as a Mentor Judge.

Hon. G. Barton Chucker, General District Court Chief Judge Fourteenth Judicial District / Henrico (Expand/Collapse Bio)

G. Barton Chucker, co-editor of this book, is the chief judge of the general district court for the Fourteenth Judicial District, serving in Henrico. Before his appointment to the bench, Judge Chucker was a partner with the law firm of Chucker & Reibach in Richmond where he focused his practice on the defense of drunk driving and traffic violations. He served for seven years as Special Counsel to the Courts of Justice Committee for the Virginia House of Delegates. Judge Chucker was a member of the 2004 Faculty of the General District Court Judges Conference as well as the 2004, 2006, and 2012 Judicial Transportation Safety Conferences. He authored Defending DUI Cases in Virginia: A Practical Approach, published in the Journal of the Virginia Trial Lawyers Association, October 2003. Judge Chucker also served as co-counsel to the House Subcommittee on Crime in connection with the proposed 2004 DUI legislation.

Timothy C. Carwile, Allen & Carwile, PC / Waynesboro (Expand/Collapse Bio)

Timothy C. Carwile, co-editor of this book and author of Chapter 4, lives and practices law in the Shenandoah Valley of Virginia and is a principal in the firm of Allen & Carwile, PC, in Waynesboro. He holds a B.A. in English from the University of Virginia and a J.D. from the T.C. Williams School of Law of the University of Richmond. Mr. Carwile was a prosecutor for eight years in Waynesboro before concentrating on criminal defense work. He is a former president of the Augusta County-Staunton-Waynesboro Bar Association and a former member of the Mandatory Continuing Legal Education Committee appointed by the Virginia Supreme Court. He currently serves the Virginia State Bar as chair of its Eighth District Ethics Committee and the Augusta County Circuit Court as Commissioner; he is also a Substitute District Court Judge and has been recognized by a Martindale-Hubbell Peer Review Rating as an “AV Preeminent” attorney. Mr. Carwile has frequently lectured to law enforcement and legal organizations on various criminal law topics, including DUI and traffic defense and prosecution.

Authors

J. Burkhardt Beale, Boone Beale, PLLC / Woodbridge (Expand/Collapse Bio)

J. Burkhardt Beale, co-author of Chapter 5, is the CEO of the firm Boone Beale, PLLC. Mr. Beale’s primary areas of practice are driving while under the influence and criminal defense. He earned a B.A. from the University of Virginia and a J.D. from Washington and Lee University. Mr. Beale is admitted to practice in all Virginia courts and before the U.S. Court of Appeals for the Fourth Circuit and the U.S. District Court for the Eastern District of Virginia. He is a member of the Criminal Law Section of the Virginia State Bar, the Association of Trial Lawyers of America, the Virginia Trial Lawyers Association, and the Virginia Association of Criminal Defense Lawyers. He is also a lifetime member of the National Association of Criminal Defense Lawyers, a founding member of the National College for DUI Defense (NCDD), and a founding member of the DUI Defense Lawyers Association (DUIDLA). Mr. Beale has lectured for Virginia CLE since 1989 on evidence in DUI cases. He has also spoken at several national CLE conferences on DUI defense in Georgia, Massachusetts, and New Jersey. His personal training includes certification as an instructor on the NHTSA standards on field sobriety testing and as an operator of the Intoxilyzer 5000 and the Intox EC/IR II.

Patrick M. Blanch, Elders, Zinicola, Blanch & Overand, PLLC / Fairfax and Leesburg (Expand/Collapse Bio)

Patrick M. Blanch, author of Chapter 2, is a member of Elders, Zinicola, Blanch & Overand, PLLC, which has offices in Fairfax and Leesburg, Virginia. Mr. Blanch’s practice focuses on criminal defense and appellate practice. He graduated with a B.A. from Millersville University of Pennsylvania and earned his J.D. from the George Washington University School of Law. Mr. Blanch is a member of the Fairfax Bar Association and is a frequent speaker on criminal law in Virginia.

G. Manoli Loupassi, The Law Office of G. Manoli Loupassi, LLC / Richmond (Expand/Collapse Bio)

G. Manoli Loupassi, co-author of Chapter 5, is the principal for the Law Office of G. Manoli Loupassi, LLC, and practices law in the greater Richmond area. He previously was an Assistant Commonwealth’s Attorney in the City of Richmond and also in Hanover County. Mr. Loupassi is the former Special Counsel to the Richmond Metropolitan Multijurisdictional Grand Jury, where he investigated and prosecuted cross-jurisdictional narcotics conspiracies and public corruption. He began his legal career as a judicial law clerk in the Circuit Court of the City of Richmond for the Honorable James B. Wilkinson. Mr. Loupassi earned a B.A. from Washington and Lee University and a J.D. from T.C. Williams School of Law at the University of Richmond. He has repeatedly been recognized in Virginia Business magazine by his peers as one of Virginia’s “Legal Elite” for his work in the areas of criminal and traffic defense. Mr. Loupassi has also been named a Super Lawyer by Thomson Reuters in the area of criminal defense.

Since 2015, Mr. Loupassi has served on the Board of Governors of the Virginia Bar Association and is a member of the John Marshall Inns of Court. In addition, he serves on the Criminal Law Section of The Virginia Bar Association.

Mr. Loupassi served as a member of the Richmond City Council for four years, as Chairman of the Richmond Public Safety Committee, and as president of the Richmond City Council for two years. He currently serves in the House of Delegates as Delegate for the 68th District and is on the Courts of Justice Committee, the State Crime Commission, and is the chair of the House Courts Judicial Selection Committee. In 2012, Mr. Loupassi sponsored legislation codifying the Commonwealth’s Rules of Evidence.

Hon. Matthew D. Nelson, General District Court Judge Twelfth Judicial District / Chesterfield County and Colonial Heights (Expand/Collapse Bio)

Matthew D. Nelson, author of Chapter 8, is a General District Court Judge in the Twelfth Judicial District, which serves the County of Chesterfield and the City of Colonial Heights. Before being appointed to the bench, he was a partner with the law firm of Caddell Nelson & Reibach in Richmond, Virginia. His law practice focused on the defense of drunk driving and traffic violations. Judge Nelson also served as Special Counsel to the Courts of Justice Committee for the Virginia House of Delegates. He is the co-author of A Balanced DUI Defense Strategy: The Three Pronged Method, published in The Journal of the Virginia Trial Lawyers Association, Volume 22 Number 3 (2010). Before becoming a judge, he was consulted by the media as an expert in traffic law and was a speaker for the Virginia CLE program DUI and Other Serious Traffic Offenses.

David A. Oblon, Albo & Oblon, LLP / Arlington (Expand/Collapse Bio)

David A. Oblon, co-author of Chapter 1 and author of Chapter 7, is a founding partner of Albo & Oblon, LLP. Mr. Oblon regularly litigates civil and criminal matters in the state and federal courts of Virginia. His emphasis is on criminal law, constitutional law, employment law, and civil business litigation. He is licensed to practice law in Virginia and the District of Columbia. A nationally known lawyer, Mr. Oblon previously has appeared almost 100 times as a legal analyst on networks such as FOX News and CNN. He is a prolific continuing legal education lecturer and regularly teaches his practice areas to other lawyers and judges. He was named one of the D.C. area’s “Best Lawyers” by Washingtonian magazine, one of Virginia’s “Legal Elite” by Virginia Business magazine, and one of the region’s “Top Criminal Lawyers” by Northern Virginia magazine. Virginia Lawyers Weekly called him one of Virginia’s “Leaders in the Law,” and he was recognized as a “Super Lawyer” by Law and Politics. Mr. Oblon earned his J.D. from the George Mason University School of Law and his B.A. from George Washington University.

Rhonda Quagliana, St. John, Bowling, Lawrence & Quagliana, LLP / Charlottesville (Expand/Collapse Bio)

Rhonda Quagliana, author of Chapter 3, received both her Ph.D. and law degrees from the University of Virginia and her undergraduate degree from Tulane University. She is a partner with St. John, Bowling, Lawrence & Quagliana, LLP, a litigation and business transaction firm that represents clients in state and federal courts in a variety of matters. Her general litigation practice includes an emphasis on complex civil and criminal cases. She is an adjunct faculty member at the University of Virginia School of Law where she teaches trial advocacy. Ms. Quagliana serves as a substitute judge in General District and Juvenile and Domestic Relations District Courts of the Sixteenth Judicial District.

Ms. Quagliana has lectured on a number of topics, including the effective use of voir dire in criminal trials, litigating death penalty cases, and the importance of pro-bono efforts by attorneys in their communities. She has authored materials on such subjects as the recovery of damages in Virginia courts and criminal procedure.

Donald S. Sawicki / Saint Louis (Expand/Collapse Bio)

Donald S. Sawicki is the author of Chapter 6. His radar experience includes working for major defense contractors, such as McDonnell Aircraft Company, Emerson Electric Company, and Hughes Aircraft Company, with experience in system engineering, integration, and compatibility for multi-mode radars on high-performance aircraft, such as the Northrop F-5 Tiger (APQ-157/159 radars), the McDonnell F-15 Eagle (APG-63/70 radars) and F/A-18 Hornet (APGABOUT 65 radar). Presentations include speaking at the 35th Annual Tri-Service Radar Symposium, June 1989 (United States Military Academy, West Point, New York). Mr. Sawicki graduated from the University of Illinois in Champaign/Urbana with a Bachelor of Science in Electrical Engineering (BSEE). He is the author of the Police Traffic Radar Handbook (www.CopRadar.com).

Ronald E. Smith, Lawrence, Smith & Gardner / Fairfax (Expand/Collapse Bio)

Ronald E. Smith, co-author of Chapter 1, is a partner at Lawrence, Smith & Gardner and has practiced criminal and traffic law for over 30 years. Mr. Smith’s undergraduate degree is from LaSalle University, with post-graduate studies at Manhattan College, Georgetown University, and American University resulting in a Master of Arts degree. He is a graduate of the George Mason School of Law. Additionally, he served as an attorney with the transition team in the office of then President-elect Ronald Reagan and as an administrative hearing officer for the Virginia Supreme Court. Mr. Smith was the 2001 recipient of the Patrick Henry Award for his unwavering commitment to the legal profession. He is a frequent CLE lecturer on criminal and DWI/traffic law for the Virginia State Bar and Fairfax Bar Association, where he has sat on the General District Court committee.

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